The High Court at Jodhpur allowed an application for suspension of sentence under Section 389 Cr.P.C. pending the disposal of criminal appeal, releasing the appellant on bail subject to conditions including appearance at the trial court.
Application for suspension of sentence allowed; appellant released on bail subject to bond, sureties, and conditions.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.
...
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 535/2022. IN
S.B. CRIMINAL APPEAL NO. 882/2022.
Sharif Khan Pathan S/o Mohammed Nafees Khan Pathan, Aged 40 Years, R/o House No. 215 Near Alipura Ghati Shcool, P.S. Bhopalpura Distt. Udaipur (Raj.). (Appellant Is In Central Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan through PP
----Respondent
| For Petitioner(s) | : Mr. |
AnujSahlot. |
|---|---|---|
| For Respondent(s) | : Mr. |
Gaurav Singh,PP. |
HON'BLE MR. JUSTICE FARJAND ALI Order
08/12/2022
Learned counsel for the applicant/appellant submits that a patently false case has been foisted with an ulterior motive since there was a rift in between the applicant/appellant and the mother of the prosecutrix. Learned counsel further submits that the manner in which the offence alleged to have committed does not inspire confidence. The period of six years shown by the prosecutrix from when she was subjected to spite per se in itself negates her version since the marriage of the applicant/appellant with her mother took place before two years only. The appellant has a strong arguable case in his favour and there is every hope for success in appeal. Therefore, learned counsel for the applicant/appellant submits that the sentences awarded to the
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accused-appellant may be suspended as the disposal of the appeal will consume time.
Per contra, learned Public Prosecutor has vehemently opposed the prayer made by the learned counsel for the accusedappellant for suspending the sentences.
Heard learned counsel for the applicant/appellant and the learned Public Prosecutor on application of suspension of sentences. Perused the statement of PW-a and other relevant record wherefrom it is emanating that there was a marital strife in between the mother of the prosecutrix and the applicant/ appellant. The applicant/appellant may have all possibilities of success in appeal. However, at this stage, this Court refrain from passing any comment over the niceties of the matter as the same may effect hearing of the appeal on merits.
Upon a consideration of the arguments advanced on behalf of the applicant/appellant and having regard to the facts and circumstances of the case, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accusedappellant.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Judge (POCSO Cases) No.2, Udaipur vide judgment dated 26.05.2022 in Special Sessions Case No. 18/2021 against the applicant/appellant Sharif Khan Pathan S/o Mohammed Nafees Khan Pathan shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a personal
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[SOSA-535/2022]
bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/each to the satisfaction of the learned trial Judge for his appearance in this Court on 09.01.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(FARJAND ALI),J
95-Mohan/-
1 issue framed by the court
Whether the application for suspension of sentence under Section 389 Cr.P.C. should be allowed pending the disposal of criminal appeal.
1 provisions across 1 enactments
Sharif Khan Pathan
State Of Rajasthan
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
